Why do you think the poster would have civil liability? I would think the entity that arrested or charged the LTC holder would have liability. I don't know why posting a 30.06/07 sign would be illegal unless actually done by the government entity on a place that the legislators have clarified as unenforceable and then the city/government would possibly be fined ( how many $ per day- I doubt any government agencies have paid one cent). The AG has said that businesses that lease government property can post but that they are not enforceable. I personally would not want to be the test case to find out though but I would not hesitate to walk in concealed on a business on leased government property with a 30.06/07 in place as long as I was sure that it was one of those unenforceable signs. How would they know I was carrying?Jusme wrote:Soccerdad1995 wrote:I'm thinking about this from another perspective. What are the rules about a non-lawyer dispensing legal advice, and specifically incorrect legal advice? The 30.06 sign posted on government owned, and not statutorily restricted, property clearly states that it is a crime to carry a licensed handgun on these premises.....
Would the answer be different if the business owner / person responsible for posting the sign (and dispensing incorrect legal advice), happened to be licensed to practice law in Texas? Such as a judge.
I don't think there are any legal ramifications for posting a sign stating that a crime would be committed if they were disobeyed, although I agree, there probably should be. Especially if the person posting them, say a layer, judge, or LEO, who "should" know the law. A business owner, who is not in that category, I would give the benefit of the doubt, but as the old saying goes, ignorance of the law is no excuse. If someone was charged under the statute, or even arrested or detained, and it was shown to be unenforceable, then I would think there would be civil liability, on the poster. JMHO
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Return to “Ft Worth Enforcing Ammo Ban at Will Rogers”
- Fri Mar 17, 2017 3:01 pm
- Forum: General Texas CHL Discussion
- Topic: Ft Worth Enforcing Ammo Ban at Will Rogers
- Replies: 55
- Views: 14787
Re: Ft Worth Enforcing Ammo Ban at Will Rogers
- Fri Mar 17, 2017 2:43 pm
- Forum: General Texas CHL Discussion
- Topic: Ft Worth Enforcing Ammo Ban at Will Rogers
- Replies: 55
- Views: 14787
Re: Ft Worth Enforcing Ammo Ban at Will Rogers
I agree in general. I don't think that it is illegal to post a 30.06/07 even though it is not enforceable. I guess it is up to those that carry to know that the signs are not enforceable. And I will not bake a cake for you if I don't like you. Fortunately I am retired and don't have to deal with these hassles anymore.jmorris wrote: I've been kinda playing devil's advocate here. While I do believe a business owner has the right to set rules for whom he will bake a cake I also think they have to aware of any laws governing where they set up their space. If the AG has said such signs are unenforceable in government space then he needs to abide by such.
- Mon Mar 13, 2017 3:31 pm
- Forum: General Texas CHL Discussion
- Topic: Ft Worth Enforcing Ammo Ban at Will Rogers
- Replies: 55
- Views: 14787
Re: Ft Worth Enforcing Ammo Ban at Will Rogers
I think you can ask anyone to leave that you want to force out as long as it is not one of those restricted categories assuming your space was otherwise open to the public. What I don't think you can do is have a 30.06/07 sign that is enforceable by law for a person that crosses into your leased property. I think that you could still ask them to leave. If you had a 30.06 sign up and they walked in concealed and you didn't know they were concealed than I don't think they could be class c misdemeanor charged. I think that you can ask anyone you want to leave your leased space though. Consider public housing, owned by the government, you walk into someone's apartment and they ask you to leave. You better leave.jmorris wrote:I'm doing business in leased space on government property. I ask you to leave the area I'm doing business in, be it a gun show, a restaurant, or a quilting bee, because you've violated a rule I established for entrance[1]. I'm not saying you have to leave the property, just the small part under my control.
I'm not restricting this to the carrying of a firearm but for any reason. Do I not have the right to ask you to leave? As long as I'm not violating a discrimination law.
[1]It's a black-tie quilting bee and you're wearing jeans.
- Sun Mar 12, 2017 12:51 am
- Forum: General Texas CHL Discussion
- Topic: Ft Worth Enforcing Ammo Ban at Will Rogers
- Replies: 55
- Views: 14787
Re: Ft Worth Enforcing Ammo Ban at Will Rogers
I am assuming that the Ft Worth gun show is on public property. Was it posted 30.06 or 30.07? We know that they can post 30.06/07 according to the AG but it is not enforceable if the show was on government property. What offense would you have committed if you had entered with a loaded gun? Would the local police have legally been able to search you for a concealed handgun and what would they have charged you with if they found it?
Incidentally, several months ago at the Wichita Falls gunshow there was a ND of a shotgun. A vendor brought a loaded shotgun in and several minor injuries occurred. The Wichita Falls gunshow promoter posted 30.06/07 in 2016 but after my discussion with the city manager these were removed. The local gunshow also has the all guns must be empty signs with a bunch of LEO at the admission desk but I just walk in concealed and loaded (and legal).
Although complaining here may sound like it is reaching people I would suggest that a nasty review on Facebook and a call to boycott is more effective on that social media.
Incidentally, several months ago at the Wichita Falls gunshow there was a ND of a shotgun. A vendor brought a loaded shotgun in and several minor injuries occurred. The Wichita Falls gunshow promoter posted 30.06/07 in 2016 but after my discussion with the city manager these were removed. The local gunshow also has the all guns must be empty signs with a bunch of LEO at the admission desk but I just walk in concealed and loaded (and legal).
Although complaining here may sound like it is reaching people I would suggest that a nasty review on Facebook and a call to boycott is more effective on that social media.